FCC Fines WOBO $3,000

[microbob]

WOBO 88.7 is fined for airing commercials. Are they not getting enough money from their pledge drives? Or was something else going on? The executive is no longer with the station.


http://rbr.com/noncom-advertising-c...la/?utm_source=twitterfeed&utm_medium=twitter

A former executive with a noncom FM in the Cincinnati area turned in his former station on for a number of alleged violations, including underwriting announcements that slid into the advertising realm. The FCC agreed with the complainant, disagreed and in one instance, referred a complaint to the DOJ

 

[jfrancispastirchak]

WOBO 88.7 is fined for airing commercials. Are they not getting enough money from their pledge drives? Or was something else going on? The executive is no longer with the station.


http://rbr.com/noncom-advertising-c...la/?utm_source=twitterfeed&utm_medium=twitter

A former executive with a noncom FM in the Cincinnati area turned in his former station on for a number of alleged violations, including underwriting announcements that slid into the advertising realm. The FCC agreed with the complainant, disagreed and in one instance, referred a complaint to the DOJ

Can't wait for the other shoe to fall...

 

[microbob]

Here's the link to the 10 page FCC Report. Interesting stuff.

http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0422/DA-13-804A1.pdf

 

[Groove1670]

Wait till all those LPFM's are approved. Prediction: $$$$$ for FCC.

 

[FRR]

Am I reading this correctly; WOBO aired an old show that had cigarette commercials in it and they were supposed to edit them out. How stupid can the FCC be. They are old radio shows. I don't even think they MAKE Chesterfield cigarettes anymore, do they. Is this for real or some kind of joke.

 

[microbob]

I don't think they were fined for that. They said the DOJ doesn't care but they turned that into them for review anyway. I didn't even think they aired old radio shows on the station. It sounds strange that a former executive turned them in.

 

[Groove1670]

The ads run indicated a call to action. Only basic information should be scripted in a underwriting announcement.

The old ads were not a issue.

 

[jry]

Am I reading this correctly; WOBO aired an old show that had cigarette commercials in it and they were supposed to edit them out. How stupid can the FCC be. They are old radio shows. I don't even think they MAKE Chesterfield cigarettes anymore, do they. Is this for real or some kind of joke.

The old Chesterfield ads were "historic content" and a pass at the FCC.

The fine was for airing current commercials. Presenting a list of services is a no no as is phone numbers and addresses.
There needs to be more of this going on. It is not fair to have these abusers escape all FCC fees and sell ads.
Their free ride is paid for by all of us commercial operators.

 

[KFodor]

Wait till all those LPFM's are approved. Prediction: $$$$$ for FCC.

As the programmer for an LP-FM, let me tell you we go to great lengths to keep underwriting spots in their proper language.

We reject many proposed ads from prospective underwriters who want us to say they have the lowest prices in town, talk about their "standards of excellence" and how their business or product is the "best". Many potential underwriters don't like it one bit. We've lost potential underwriters because our answer is, "We'd like to air this, but we can't".

I still think LP-FM's should be allowed to air commercials, IMHO. But, we have to answer to Uncle Sam, too...so we understand the rules are the rules.

But then again, we are broadcasters who run this station...a big difference from the anti-radio crowd and the never operated a station crowd who try who try like the dickens to do what they think they can do, when they can't.

 

[KFodor]

Am I reading this correctly; WOBO aired an old show that had cigarette commercials in it and they were supposed to edit them out. How stupid can the FCC be. They are old radio shows. I don't even think they MAKE Chesterfield cigarettes anymore, do they. Is this for real or some kind of joke.

The old Chesterfield ads were "historic content" and a pass at the FCC.

The fine was for airing current commercials. Presenting a list of services is a no no as is phone numbers and addresses.
There needs to be more of this going on. It is not fair to have these abusers escape all FCC fees and sell ads.
Their free ride is paid for by all of us commercial operators.

It's all in the language...

You can't say, "Call today at..." or, "Visit their website"...that's a call to action. You can describe what the business does in a general sense. It's "tell", but don't "sell". (That language taken from an FCC explanation on the topic.) You can't use the "est" words, (biggest, best) or superlatives.

We don't even use the phrase, "brought to you by"...it's "support for the station is offered thru underwriting provided by..."

Oh yeah. You're also allowed to use a business's slogan. That's the rules of "enhanced" underwriting, approved by the FCC a while back.

And all such messages need to be :30 seconds or less.

 

[Goldilocks94941]

To correct an earlier poster on the rules of non-commercial underwriting announcements, you can certainly include addresses and phone numbers. It's the comparative language that's prohibited, and several of the examples I saw from WOBO rode, or crossed, that line. I'd say most of the time when an underwriting rep, or whoever is acting as the "account rep" for an underwriter submits copy -- unless there's a program director or someone who's knowledgeable about industry standards to approve the copy -- this kind of thing will happen a lot.

There will be honest disagreements over what constitutes a prohibited case of comparative or qualitative language. But often an underwriting "client" or the "salesperson" pushes too far in that direction, often without realizing it. And for small stations that rely heavily on volunteers and non-professional staff, and that often are not in touch with the industry they're working in, outside of their own station, this is what you'll get.

There are starting to be a number of these kinds of cases with low budget non-comm stations, religious and otherwise. I think the full-scale fines for these small scale operators are probably unfair, until they're shown to be repeated and willfull violators. But these stations do need to know that there are rules they have to follow that commercial broadcasters don't have to observe. Because they'll have to pay the "commercial rate" for their FCC fines. Disfunctional management scenarios will indeed be a gold mine for the FCC, especially if others "report" on stations they either don't like or whose facilities they want a chance at taking over.

 

[nmoore6676]

Here's the link to the 10 page FCC Report. Interesting stuff.

http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0422/DA-13-804A1.pdf

I hear those exact kinds of quasi ads on many non commercial stations. Usually when an underwriter is mentioned it goes on to make mention of what business they are in. So probably nearly every non-com could be fined but it is just that they don't get caught. I've never hear any do actual produced commercials with sound effects, music beds or someone acting out a part of a potential customer which are common to commercial advertising on for profit stations. Also I've never heard any acknowledgements voiced by the donors as is common for commercial advertising of local businesses.

Now way back when I was actually involved at an educational station we did just say something like "the preceding program was made possible by a grant from XYZ Bank", and that was all. Or maybe instruments (for live musical shows) were furnished by Sams Music on Main Street. But all I hear now is way way past those announcements.

 

[FRR]

Thanks for the clarification folks. I knew there had to be more to it.

 

[Imlivinontheair]

Am I reading this correctly; WOBO aired an old show that had cigarette commercials in it and they were supposed to edit them out. How stupid can the FCC be. They are old radio shows. I don't even think they MAKE Chesterfield cigarettes anymore, do they. Is this for real or some kind of joke.

The old Chesterfield ads were "historic content" and a pass at the FCC.

The fine was for airing current commercials. Presenting a list of services is a no no as is phone numbers and addresses.
There needs to be more of this going on. It is not fair to have these abusers escape all FCC fees and sell ads.
Their free ride is paid for by all of us commercial operators.

WGUC has been at this a while...and I am pretty sure they are keen on what can be said in their underwriting...and they routinely give name and address...

just no call to action...

Actually the non comms have to pay ascap bmi and sesac...I think the only fee they get out of is their regulatory fee.

Given that WOBO is an all volunteer staffed station (which when one takes into account that it is 24-7) is a pretty amazing feat...

These people strain to pay an electric and phone bill every month ...so the argument that they are robbing the industry of revenue is bologna.

 

[ToddyO]

When Fifth Third Bank was an underwriter on a now-defunct non-comm, we could not use their slogan "The Only Bank You'll Ever Need". Just the name. But that was back in 1981-83. No call to action. You can say the website, just can't say Go to...

 

[jry]

When Fifth Third Bank was an underwriter on a now-defunct non-comm, we could not use their slogan "The Only Bank You'll Ever Need". Just the name. But that was back in 1981-83. No call to action. You can say the website, just can't say Go to...

How does Classix get away with it?

 

[ToddyO]

Jon, great question!!!!

 

[nmoore6676]

Both Mr. Oxenford and Mr. Cole have posts that break down the ruling. There were actually three separate issues here: the underwriting announcements, the alleged overreliance on PSAs, and the Chesterfields ads. And, according to Mr. Cole, the decision here (on at least the first two counts) may reflect a tightening of standards at the FCC.

See both http://www.broadcastlawblog.com/201...ng-and-cigarette-ads-in-classic-radio-program and (especially) http://www.commlawblog.com/2013/04/...ncements-renewal-expectancy-and-chesterfields.

Interesting but it still is true from my observation that certain other broadcasters are currently making announcements detailing the services or products provided by their underwriters. So how does one station in a backwater town in Ohio get fined and ones in say Ottumwa Iowa are not? By the way there is also a Batavia Iowa not far from me. Also Chillcothe and Cincinnati.

I think that if the FCC wants local broadcasters on LPFM and the reserved band that they should allow free reign to make mention of their donors and what their donors do. Else we end up with the God-Casters setting up chains of stations operating as educational and/or non profits who will eat up any new LPFM allocations.

We already have several here who are "repeaters" of far distant stations in other states. Would really like a community station that is just that or even an FM translator for a local class D AM.

 

[del_griffith]

The difference between those who "get away with it" and those that don't I believe lies solely on whether someone has complained to the Commission. I believe they are reactive......not proactive in these matters.

 

[jry]

I can tell you guys from seeing some of the FCCs rulings, phone numbers and addresses will get you in trouble.

I used to have a non comm. Its the reason why i sold it to K Love.

Here is another thing that gets me. Sometimes on our local PBS TV station, they offer DVDs of the programs they air, FOR A FEE!!!

Somethings they play those grant announcements and they look awfully like commercials.